Florida Civic Literacy Practice Exam

Which United States Supreme Court case established the power of judicial review?

1. Marbury v. Madison

2. Gideon v. Wainwright

3. Brown v. Board of Education

4. Roe v. Wade

The correct answer is: Marbury v. Madison

The case of Marbury v. Madison is recognized for establishing the power of judicial review, which is the ability of the Supreme Court to declare a law or act unconstitutional. This landmark decision was handed down in 1803 and positioned the judiciary as a co-equal branch of government alongside the legislative and executive branches. In this case, William Marbury petitioned the Supreme Court to compel Secretary of State James Madison to deliver his commission as a justice of the peace. Chief Justice John Marshall used this case to articulate the principle of judicial review, stating that it is "emphatically the province and duty of the judicial department to say what the law is." This ruling reaffirmed the role of the Supreme Court in interpreting the Constitution and ensured that no law could stand if it was found to conflict with the Constitution itself. The other cases listed, while significant in their own right, do not address the issue of judicial review. Gideon v. Wainwright expanded the rights of defendants by ruling that states are required to provide legal counsel to those who cannot afford it. Brown v. Board of Education is best known for declaring racial segregation in public schools unconstitutional, while Roe v. Wade addressed a woman's right to choose regarding abortion but did not establish the principle